A Note About Attorney Client Privilege

When you meet with an attorney, everything you tell the attorney is confidential. Family law matters touch upon your most sensitive matters. You can rest assured that your divorce attorney takes its obligation to keep your private information private very seriously.

Even on this blog, the stories I tell have been altered to protect the privacy of my clients.

One of the advantages of hiring an attorney for your family law matter is that you will have a filter to help you determine what information is relevant to the Court. An attorney can also help you maintain the confidentiality of private or sensitive information while you go through a potentially public court case.

Don, a client from Wayzata, was concerned that private financial information about his closely held company would make its way into his divorce file. We were able to negotiate an agreement with his wife’s attorney to keep the information private. Ultimately, the case settled, but even if the case hadn’t settled, the confidentiality agreement would have required Don’s agreement before any documents were submitted to the Court.

Sondra, a client from Buffalo, expressed concern that her children’s medical records would make their way into the child custody file. Sondra’s concerns were valid. By and large, Special Needs Family Law MN cases that do not involve the adjudication of paternity are public. Anyone can see anything that is filed in them, except for documents that have been designated as confidential. When parties represent themselves, documents such as children’s medical records and financial account statements are frequently included as supporting documents. Court staff do their best to make sure that sensitive material is sealed, but I see private information in court files every day.

A Family Law Attorney Minnesota is your filter, protecting your private data, and protecting you from over-sharing information.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own Family law attorney Minnesota practice. She practices every day as Divorce lawyers Minnesota with the intention of representing her clients’ future.

Special Needs Child and Divorce MN

Special Needs Family Law Attorney MN

There are not very many more challenging or more strenuous things than going through divorce and having a special needs child.  There are more things to analyze when you become a single parent of a special needs child which can include future planning, well-being, and protection-all decisions solely counting on you as a custodial parent.

Your Special Needs Child and Divorce

It is the daily living and simple moments that will test your self reliance and capability to parent alone. When there is a special needs child included within a divorce, complication of Child Custody, citation, and child support and property division are undoubtedly more complex to come to agreements.

At Moore Family Law, we know how difficult this time can be in your life. There are many legal issues that must be explored along with the rest of the issues to resolve as part of a separation or divorce process.  Here are a few things to consider while creating the best plan for you and your special needs child:

Visitation schedule – With a family that has a child with special needs- a typical visitation schedule used in most divorces may not work for your family. Special needs children normally require a consistent and structured schedule and a familiar routine.  Make sure to plan for travel and it is important to decided how your child will travel (with a care giver, with your other children or with you)  Keep in mind if you have any special equipment needed to be sent back and forth in between homes.

Parenting plans - When it comes to parenting styles, you and your ex-spouse may have opposing ideas as to what your child’s disabilities and abilities are.  A parenting plan should point out essential information and instructions.  Your ex-spouse might not be aware of giving certain medications, managing behaviors, monitoring foods, adapting to physical surroundings, or understanding specific preferences of your nonverbal child.  Specific details becomes key in discussing with your ex-spouse not only your special needs child, with your other children as well.

Transition planning - When creating a divorce agreement, care must be given to specific issues that come up when your child grows older and transitions into an adult which include guardianship, employment, recreation and social skills, independent living, or custodial care.  Divorcing parents of children with special needs need to be aware that care for the child may perhaps last for the rest of their lives.

Estate planning - Parents with a special needs child need to adjust divorce agreements for the long-term. Use suitable special needs trusts, complimenting with public benefits and in contemplation of gifting plans and long-term care insurance.  Boost your home planning and your financial health to protect your special needs child’s current and future needs and interests.

Moore Family Law understands the unique needs of families with special needs children and adults. Our firm has specific, personal experience with the needs of those with disabilities and we know how the law can be applied to the benefit of you and your child.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family Law MN practice. She practices every day as Divorce Attorney MN with the intention of representing her clients’ future.

Pets In Divorce

                                                

Pets are a hot button in divorce. There are two questions about your pet that are relevant to your divorce in Minnesota: (1) who will be awarded the pet? And (2) what is the value for the pet that should be placed on the marital balance sheet?

The value of your pet is not the cost that paid to adopt him or her. It is the value that you could get on the open market. Your pet is an asset in the eyes of Minnesota law.

That doesn’t mean that your pet doesn’t have sentimental value to you. In fact, it is not so easy to answer the question who should be awarded the pet. The Court will likely consider the effect that separation will have on any children involved in the case. The Court may also consider the fact that many pets do not move well. More likely, the Court will refuse to deal with the issue at all, or will deal with it in a very dismissive way that will not make you feel heard.

As my Divorce Lawyer advice to clients is to consider whether their pet will be well cared for in their spouse’s home. If so, I suggest that there is no way of guaranteeing a desired result, and that you almost always pay a premium for emotional attachment (or blackmail). The thing about pets is that they live with us for a limited time, and when they are gone, we’ll never forget them, but we may very well welcome a new pet into our lives.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family Law MN practice. She practices every day as Divorce Attorney MN with the intention of representing her clients’ future.